General terms and conditions of business
The General Terms and Conditions of Business and delivery stated below shall apply for all deliveries, services and orders of the company Yummhy Austria GmbH, Linzerstraße 55, 4320 Perg. In case of conflicting terms and conditions of business of the contracting partner these only shall apply, if the actual conditions have been modified explicitly in written form. For further supplies and subsequent business the following conditions also have validity if they have not been expressly agreed again. All modifications have to be made in written form.
2. Risk taking and terms of delivery
With the dispatch of the good ex works the risk is transferred to the buyer. The buyer bears the risk of transport and weight loss during the time of transport. If the delivery of the good being ready for shipment without our fault is not possible or is not required on the part of the buyer we are entitled – at available capacity – to carry out the storage of the good at the expense of the buyer; the delivery is considered as being completed and the risk has being transferred. The retention of the agreed deliver time applies subject to unforeseeable circumstances, like all cases of higher force, including also official interventions and work conflicts. The aforementioned circumstances entitle us to the resignation or to the regulation of delivery times at our choice. Partial deliveries are allowed in principle. If at conclusion of the contract a compensation for delayed delivery (contractual penalty) has been agreed, this only will be paid, if to the buyer a proven damage in the amount of the contractual penalty occurred. Claim for damages are excluded at slight negligence.
Claims may only be considered if they have been raised immediately after receipt of the delivery and are substantiated in written form. The occurrence of claims does not entitle the withholding of the purchasing price or a part of it or a charging up. The delivered good immediately has to be checked upon receipt and must be stored appropriate. The storage of the good has to be carried out according to the storage condition indicated on the packaging. Thereby “stored cool” means storage of the good in cooling rooms at a temperature of +2°C to +4°C and “stored deep frozen” means a storage at a temperature of at minimum -18°C or below. IF the good is not stored according to these instructions, each warranty expires. A return of the good will only be accepted by us, if beforehand a justified claim has been considered as being defected, we are entitled after our choice to either make replacement deliveries within a reasonable period of grace or to issue a credit note in the amount invoiced of the defected good. Any warranty claim or claim for damages exceeding the amount invoiced as well as consequential damages are excluded. For damages on goods not being produced by us, we will be liable against the customer only insofar as the pre- supplier or manufacturer is liable towards us. In this case we shall also be entitled, to transfer our claims towards the pre- supplier to the receiver of the goods, and in his case we are exempt from liability. At official claims or at sample taking through the food police the client is obliged to demand cross- checks. The client hast to freeze these cross- checks immediately and is obliged to give notice to us. In case of non- observance of this obligation the client is liable for damages towards us.
4. Payment condions
Our prices are net prices, payable and due after receipt of the invoice, strictly net. At payment delay we are entitled to demand default interest in the amount of 9% (plus VAT.) of the outstanding amount. Arising dunning fees (EUR 15,- first reminder, EUR 20,- second reminder, EUR 25,- third reminder, each plus VAT) have to be beard by the client, as well as all pre- trial expenses like intervention of debt collection agency, etc. The buyer is not entitled to withdraw or to charge up payments because of arisen guarantee claims or other counterclaims. If the buyer is delayed in payment, or if after contract conclusion, circumstances affecting his creditworthiness, become known or if the buyer stops payments, or the start of insolvency proceedings is envisaged, all debt claims are immediately getting due for payment. Incoming payments firstly will be taken for the covering of the incurred dunning costs and interests and then for settlement of the oldest account. At payment delay or the occurrence of other circumstances, being subject to our judgment, we are entitled to make deliveries only against cash or pre- payment.
5. Reservation of proprietary rights
Until full payment we reserve the right of property of the selling object or of the profit of sale. The reservation of proprietary rights does not expire because of processing, mixing or resale. As long as the good is unpaid, the profit of sale has to be held in trust as borrowed money. The access of third parties (execution etc) of the goods being in our property or their proceeds immediately has to be notified to us.
6. Final clauses
Place of fulfillment is Bad Leonfelden. Austrian law shall apply. Place of jurisdiction is Linz, Austria. If individual regulations of these terms and conditions of business and delivery are getting void, effectless or contestable or will become contestable, the remaining regulations will not be affected and have to be made or completed in a form, that the intended economic purpose is going to be reached in legally allowed form. This also applies for procedures and circumstances not specially mentioned in these regulations.